Federal High Court Declares National Assembly’s N110bn Vehicle and Allowance Expenditure Unlawful ‎

Federal High Court Declares National Assembly’s N110bn Vehicle and Allowance Expenditure Unlawful
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‎By Rufus Nnamdi Duru
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‎E-ISSN: 2354-4481
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‎The Federal High Court in Lagos has ruled that the National Assembly's N110 billion expenditure on vehicles and support allowances for lawmakers was unlawful, holding that the spending violated public procurement regulations, constitutional provisions, and principles of transparency and accountability.
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‎In a landmark judgment delivered by Justice Yellim Bogoro, the court found that the allocation of N40 billion for the purchase of 465 vehicles for legislators and N70 billion in support allowances for newly elected members failed to meet the legal standards required for public procurement and responsible management of public funds.
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‎The ruling followed Suit No. FHC/L/CS/1606/2023 filed by the Socio-Economic Rights and Accountability Project (SERAP), which challenged the National Assembly's 2023 approval of the expenditure.
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‎Justice Bogoro directed the President of the Senate, Senator Godswill Akpabio, and the Speaker of the House of Representatives, Tajudeen Abbas, to ensure that all future procurement processes and public expenditures strictly comply with due process, transparency, accountability, and value-for-money principles.
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‎According to the court, the National Assembly did not provide sufficient evidence that the procurement process complied with the provisions of the Public Procurement Act, particularly with respect to competitive bidding and objective value assessments.
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‎The judge held that the scale of the expenditure, combined with the absence of demonstrable due process, rendered the procurement arbitrary, disproportionate, and inconsistent with statutory procurement requirements.
‎Justice Bogoro further described the expenditure as a case of self-dealing and conflict of interest, noting that the officials who approved the spending were also its direct beneficiaries.
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‎The court also took judicial notice of the prevailing economic challenges confronting Nigerians, observing that the allocation of N110 billion for lawmakers' benefits reflected a failure to adequately prioritize the broader public interest during a period of national hardship.
‎Emphasizing the fiduciary responsibilities of public office holders, the judge stated that public positions should be exercised in the interest of citizens and not for personal financial benefit.
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‎The National Assembly's argument that legislative autonomy shielded its spending decisions from judicial review was rejected, with the court affirming that the doctrine of separation of powers does not prevent courts from examining the legality and constitutionality of legislative expenditures.
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‎Justice Bogoro also dismissed objections challenging SERAP's legal standing, affirming that public interest organizations have the right to institute legal actions aimed at promoting transparency, accountability, and good governance.
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‎The court further ruled that the case remained valid despite the funds having already been spent, holding that declaratory relief could still be granted where important constitutional and legal issues are involved.
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‎Having determined that the expenditure violated the Public Procurement Act, the Code of Conduct for Public Officers, and the constitutional obligations of lawmakers, the court granted the principal reliefs sought by SERAP.
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‎Reacting to the judgment, SERAP Deputy Director Kolawole Oluwadare described the decision as a significant victory for transparency, accountability, and prudent management of public resources, stressing that public office remains a public trust.
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‎Human rights lawyer Chief Femi Falana (SAN) also welcomed the ruling, stating that it reinforces the principle that public officials cannot justify extravagant spending while millions of Nigerians continue to face economic hardship. He further urged the Revenue Mobilisation Allocation and Fiscal Commission to fully exercise its constitutional mandate in regulating the salaries and allowances of National Assembly members.
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‎Following the judgment, SERAP wrote to Senate President Godswill Akpabio and Speaker Tajudeen Abbas, urging the leadership of the National Assembly to comply fully with the court's decision and reaffirm their commitment to the rule of law and accountable governance.
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‎Observers believe the judgment could have significant implications for future legislative spending, public procurement practices, and fiscal accountability, particularly as Nigeria continues to confront economic pressures, insecurity, and increasing public demand for prudent management of national resources.